Originally posted by whodey
I don't get the argument that gays should marry because they have a natural right to marry, but when it comes to polygamists we need a compelling state interest to justify it?
What is the compelling state interest to allow gays to marry?
As for animals, who says they need to consent? Animals are included in legal arrangements all the time.
You don't need a "compelling State interest" to ALLOW someone to do something; you need a "compelling State interest" to PREVENT someone from doing something that involves a right. The fact that the opponents of same-sex marriage could not come up with one is why they lost.
I'm not discussing bestiality anymore; my post's answer is sufficient.
EDIT: The legal term for the test is "strict scrutiny". From wiki:
U.S. courts apply the strict scrutiny standard in two contexts: when a fundamental constitutional right is infringed,[1] particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the Due Process Clause or "liberty clause" of the 14th Amendment, or when a government action applies to a "suspect classification" such as race or, sometimes, national origin.
To pass strict scrutiny, the law or policy must satisfy three tests:
It must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections.
The law or policy must be narrowly tailored to achieve that goal or interest. If the government action encompasses too much (overbroad) or fails to address essential aspects of the compelling interest, then the rule is not considered narrowly tailored.
The law or policy must be the least restrictive means for achieving that interest. That is, there cannot be a less restrictive way to effectively achieve the compelling government interest. The test will be met even if there is another method that is equally the least restrictive. Some legal scholars consider this "least restrictive means" requirement part of being narrowly tailored, though the Court generally evaluates it separately.